Chapter 02. Rules of Practice and Procedure—Cease and Desist Order Hearings

Agency.

“Authorized representative” means an attorney or, if permitted by applicable law, a person designated by a party to represent the party.

“Chief” means:

“Chief Administrative Law Judge” means the Chief Administrative Law Judge of the Office of Administrative Hearings.

“Division” means the Consumer Protection Division of the Office of the Attorney General in its role as a party to a contested case.

“Judge” means an administrative law judge:

“Office” means the Office of Administrative Hearings.

“Party” means a person named or admitted to participate in a cease and desist order proceeding.

“Person” means an individual, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

Any person may file a petition with the Agency.

The petition shall:

Review each petition; and

Determine whether to hold a hearing under Commercial Law Article, §13-403, Annotated Code of Maryland.

Conduct the hearing; or

Delegate the hearing authority to:

The Agency shall issue notice in compliance with State Government Article, §§10-207 and 10-208, Annotated Code of Maryland.

If a hearing date is required and has not been set, notice under State Government Article, §10-208(b)(1), Annotated Code of Maryland, shall be given once the hearing date has been set by the Agency or the Office, whichever is conducting the hearing.

Unless the Agency has issued a cease and desist order under Commercial Law Article, §13-403(d) or 14-12B-08(a), Annotated Code of Maryland, without first conducting a hearing, the respondent shall file the response:

If the Agency has issued a cease and desist order under Commercial Law Article, §13-403(d) or 14-12B-08(a), Annotated Code of Maryland, and if a hearing is requested, the respondent shall file the response with the request for hearing.

Admit or deny each allegation in the statement of charges;

Generally deny all allegations in the statement of charges except for those allegations that are specifically admitted; or

State that the respondent is without knowledge or information sufficient to form a belief concerning the truth of any allegation, which statement has the effect of a denial.

Upon each party's attorney; or

Upon the party if a party is not represented by counsel.

Delivery of a copy;

Mailing it to:

Any other method agreed upon by the parties.

A summary of the allegations;

The date and time the case is scheduled for hearing, if a hearing has been scheduled; and

A statement that hearings are open to the public.

By written request filed not later than 30 days before the scheduled hearing, a party may require any other party to produce within 15 days, for inspection or copying, any file, memorandum, correspondence, document, object, or tangible thing:

Unless provided by law or by agreement of the parties, no other discovery procedure may be required.

A party requesting a subpoena shall make the request, in writing, to the Agency.

Unless cause is shown, a party shall file subpoena requests with the Agency at least 10 calendar days before the hearing.

A request for a subpoena shall specify the:

A party requesting a subpoena for the production of tangible items, books, papers, or other documents shall describe those items with particularity.

A party need not serve a subpoena request on all parties.

Personal delivery by an individual 18 years old or older who is not a party to the proceeding;

Certified mail, return receipt requested, to the person at the address specified in the subpoena request;

Regular mail, if the subpoena is to a party; or

Any other method of service authorized by the Agency.

Seek an order from a circuit court to obtain compliance with the subpoena;

Enter an order imposing sanctions, including default, upon a party who fails to comply with a subpoena; and

Grant any other appropriate relief.

In hearings before the Chief, any prehearing conferences shall be conducted as provided in §A(2)—(7) of this regulation.

If appropriate, the Agency may hold a prehearing conference to resolve matters preliminary to the hearing.

The Agency may require the parties to submit information before the prehearing conference.

A prehearing conference may be convened to address the following matters:

Except as otherwise indicated in this chapter, at the discretion of the Agency, all or part of a prehearing conference may be recorded.

Prehearing Orders.

If, after notice is given, a party fails to attend a prehearing conference, that party is bound by the Agency's prehearing order.

In hearings before the Chief, the provisions of §A(2) and (3) of this regulation apply.

Each party is entitled, on a genuine issue in a contested case, to:

Exclusion of Witnesses.

Conduct a full, fair, and impartial hearing;

Take action to avoid unnecessary delay in the disposition of the proceeding; and

Maintain order.

Administer oaths and affirmations;

Issue subpoenas for witnesses and the production of evidence;

Rule upon offers of proof and receive relevant and material evidence;

Consider and rule upon motions;

Admit affidavits and other hearsay as evidence, unless there are nonhearsay reasons why the evidence should be excluded;

Examine and call witnesses as necessary to ensure a full and complete record;

Limit unduly repetitious testimony and reasonably limit the time for presentations;

Grant a continuance or postponement;

Modify or waive, reasonably, any time periods established by this chapter;

Request parties to submit legal memoranda and proposed findings of fact and conclusions of law;

Make proposed or final decisions, as authorized, and take any other appropriate actions authorized by law;

Issue orders necessary to secure procedural simplicity and administrative fairness, and to eliminate unjustifiable expense and delay;

Conduct the hearing in a manner suited to ascertain the facts and safeguard the rights of the parties to the hearing; and

Impose appropriate sanctions for failure to abide by these regulations or any lawful order of the individual conducting the hearing.

In hearings before the Chief, the provisions of §A(2)—(4) of this regulation apply.

After receiving proper notice, if a party fails to file a response or fails to attend or participate in a prehearing conference, hearing, or other stage of a proceeding, the Chief may proceed in that party's absence or may issue a default order against the defaulting party.

On motion filed within 30 days after the date of a default order, the Chief may, for good cause, vacate or modify the final default order and set the case in for further proceedings as appropriate.

If no motion is filed or a motion is denied, the default order is effective.

In hearings before the Chief, the provisions of §A(2—(7) of this regulation apply.

A party may move for appropriate relief by submitting a motion either:

Content of Motions. In the motion, a party shall:

Prehearing Motions.

Post-hearing Motions.

Effect of Motion on Other Time Limits. The filing or pendency of a motion does not alter or extend any time limit otherwise established by this chapter.

Review of Ruling. A ruling on a motion may only be reviewed by:

An individual may represent himself or herself; or

A party may be represented by an attorney authorized to practice law in Maryland or, if authorized by law, appear through a representative who is not an attorney.

A stenographer;

A court reporting service; or

Electronic recording.

Judicial Review of a Final Order. If a recorded proceeding has not been transcribed by a court reporting service before the filing of a petition for judicial review of a final order, and the parties are not filing a statement in lieu of record pursuant to Maryland Rule 7-206(b), the first party seeking judicial review shall:

Expense of Transcription.

In writing;

With the Agency; and

Within 30 days of the date the proposed findings, conclusions, or orders are submitted to the Agency.

Identify the proposed finding, conclusion, or order to which exception is being taken;

Specify the basis of the exception;

Set forth the facts and law that support the exception; and

State arguments in their entirety and not by reference to prior filings.

Filing. A party shall file a response to exceptions:

Length. Unless a request is filed with and granted by the Agency, a party may not file a response to exceptions that exceeds 50 pages.

The Chief may take additional evidence that was not introduced at the time of the hearing, or order that the individual who conducted the hearing take the additional evidence, if a party:

The Chief, on the Chief's own initiative, may take additional evidence at any time before a final decision is rendered.